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New York (AP) - A judge has ruled that the lawsuit against XM Satellite Radio Holdings Inc. may proceed to trial.

The lawsuit brought by the record industry claims that XM directly infringes their copyright by allowing consumers to record off the radio using combined XM-MP3 players.

XM claims that it is protected from infringement lawsuits since a 1992 act allows individuals to record music off the radio for private use. The judge did not see it this way and said there was merit in the case and refused to toss it out.

Let me explain why that is absolute crap. I get HD cable and build my own DVR. I can record better than TV quality shows. I can then keep them, clean out the commercials and even make them available online to my friends not VIA P2P network.

TV is slated to go 100% digital as of, oh this month. Think radio will remain analog? HD radio is catching on now. That will make fair use laws of recording radio null and void. The laws were written not thinking about Digital radio. Or they were written after the congress man was paid off. Either way. The RIAA is dirty.

On day the system the kings of industry built here will fall due to their own greed. I only hope the people brand them and generations of thier families for what they are. Tyrants and crooks.

You will see a day where analog radio is gone. Digital will replace it. The FCC will then be able to auction off the bandwidth again you see. The freqs for TV service a set to be auctioned of to telcos or any other communications company that can use them. Each freq will go for millions if not billions of dollars.

The same will happen to FM and AM freqs I have no doubt. Push to talk cell phone services are already using excess FM bandwidth purchased from radio outlets.